Discrimination case heads to federal court

HIGHLAND FALLS — A racial discrimination lawsuit brought against the village and Mayor Patrick Flynn has been moved to federal court at the request of the defense.

MICHAEL RANDALL

HIGHLAND FALLS — A racial discrimination lawsuit brought against the village and Mayor Patrick Flynn has been moved to federal court at the request of the defense.

The lawsuit originally was filed in state Supreme Court in Goshen in early June by Nicole's, a catering hall with a predominantly black staff and clientele.

Defense lawyer Michael Burke could not be reached for comment. In court papers seeking to move the case from state to federal court, he noted the plaintiffs allege numerous violations of federal laws and the Constitution, such as freedom of association and equal protection.

Nicole's says it is the only business in the village required to obtain a permit for live bands or disc jockeys and observe a 2 a.m. weekend curfew on playing music. Other businesses, including one owned by the mayor, that provide DJs for events do not have to obtain permits, the lawsuit says.

It also says the mayor has stated publicly Nicole's attracts "the wrong crowd" and large groups "from Spring Valley and Newburgh," which the lawsuit says are code words for blacks because those communities have large black populations.